Can you Move From Virginia to New York if you Have Been Charged With Possession of Marijuana for the First Time?

UPDATE: Virginia decriminalized simple possession of marijuana on July 1, 2020. Click here for details.

This question involves several different issues that you’ll need to analyze to determine what’s going on in your case. The best way to get the correct answer for your specific case is to call me for a free consultation. If your case is pending in my area then I can hopefully give you a specific and concrete answer about what’s going on in your situation.

The general rule for a possession of marijuana charge is that you would not be restricted from moving about the country or even the world, unless there’s something unique going on in your case. The most important thing to look at is the actual charging document that was given to you.

In most possession of marijuana cases in Virginia, it’s a misdemeanor charge, and the officer just gave you a yellow Virginia Uniform Summons. If you received a yellow ticket, that would mean that you’re not under any bond conditions, and you should be free to go wherever you want to go. You would need to be sure to appear in court on the date and time indicated on the yellow summons. This means that you could go to New York; however, you would need to be sure to return to Virginia for your actual trial date as noted on the ticket.

There are some circumstances where you might be arrested for a possession of marijuana charge, and then you would have to bond out. You would be on bond while waiting to answer for your case. In those circumstances, you need to double check your bond paperwork. Depending on the type of bond, it’s going to have different titles. That paper has check boxes that say whether you may or may not leave the Common wealth of Virginia while your case is pending. You need to look for those boxes and see which one is checked. That should give you the answer about whether or not you can move to New York.

But as I said, even given those two different basic situations, there are other scenarios where you could be restricted from going to a different state. Your bond could have some type of condition such as reporting for drug screening appointments in Virginia, and that could restrict you from being able to freely move to New York while your case is pending. You definitely need to look at all the circumstances, and the best way to get the most clear and accurate answer for your specific case is to call me so we can talk about it.

Photo by:Werner Kunz

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

What's Next?

Get Free Answers

Andrew wrote the book on reckless driving. It’s the most-reviewed Virginia reckless driving resource on

Get Your Free Copy

Andrew wrote the book on DWI. It’s jam-packed full of answers for your case.

Get Your Free Copy

Our special report about driving on suspended explains six critical issues to possibly fight in your case.

Get Your Free Copy


We provide free consultations for cases in our area. If we can't help, we'll do our best to connect you with someone who can.


Contact Andrew & Fitz